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SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
NIVEDITA JHA – Petitioner(s)
VERSUS
THE STATE OF BIHAR & ORS. – Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s).24978 of 2018
Decided On : 20-09-2018
CBI Investigation - Sexual Abuse - Indian Penal Code, Protection of Children from Sexual Offences Act, Contempt of Courts Act - [IPC, POCSO Act, Contempt of Courts Act]
Fact of the Case:
The court reviewed the CBI's status reports on the investigation into a sexual abuse case at a shelter home. It also addressed the media's reporting of the incidents and the need for responsible journalism.
Finding of the Court:
The court found that the CBI investigation was progressing but identified areas that required further scrutiny. It also addressed the need for responsible media reporting and issued guidelines for the same.
Issues: The issues included the need for further investigation into the influential person in charge of the NGO running the shelter home, the financial activities of the NGO, possession of illegal ammunition by certain individuals, and the transfer of girls from the shelter home.
Ratio Decidendi: The court emphasized the need for thorough investigation into the shelter home's activities and the responsible reporting of the incidents by the media. It also highlighted the importance of balancing criminal justice and freedom of the press.
Final Decision: The court directed the CBI to conduct further investigations, requested the Income Tax Department to look into the financial activities of the NGO, and issued guidelines for responsible media reporting. It also vacated a blanket ban on media reporting but restrained the electronic media from broadcasting certain sensitive content.
ORDER
1. We have gone through the Status Report Nos.1 and 2 filed by the CBI in the Patna High Court. The investigations seem to be on track at the moment.
2. However, on a perusal of the Status Reports, there are a few areas that need to be further looked into by the CBI. They are as follows:
1. It appears that the person In-charge of the NGO Sewa Sankalp Evam Vikas Samiti, Mr. Brajesh Thakur is a very influential person and people in the neighbourhood are scared of him and not able to make any complaint against him. In fact it has come out that people in the neighbourhood have heard screaming by the girls in the Shelter Home but they do not bring it to the notice of anybody because of the apparent terror of Mr. Brajesh Thakur. The CBI will need to look into the antecedents, connections and influence of Mr. Brajesh Thakur.
2. It has also come on record that the NGO of Mr. Brajesh Thakur, i.e., Sewa Sankalp Evam Vikas Samiti has received about Rs.4.5 crores from the State of Bihar over a period of about ten years for its activities. During this period, it has also purchased 35 vehicles. The other assets of the NGO or Mr. Brajesh Thakur do not appear to be very clear. It is necessary, in our opinion, that the Income Tax Department should look into the income and assets of Mr. Brajesh Thakur and indeed of the NGO Sewa Sankalp Evam Vikas Samiti.
The CBI Team should request the Chief Commissioner/Commissioner having jurisdiction in the area to look into this matter and to investigate the affairs of the NGO and of Mr. Brajesh Thakur from the income tax angle.
3. It has also come on record that one Mr. Chandrashekhar Verma and his wife Manju Verma have been in possession of illegal ammunition of a fairly large quantity. It is not clear whether they were in possession of illegal arms as well. The status report mentions that an FIR has been lodged against Chandrashekhar Verma and Manju Verma. The affairs of these two need to be looked into, particularly with regard to their procurement and possession of illegal ammunition and availability of illegal weapons, if any. We request the local police in the State of Bihar to look into this aspect with some degree of seriousness.
4. The Status Report also mentions that some girls were transferred on 20th March, 2018 by the Social Welfare Department from the Shelter Home which is the subject matter of the present investigation by the CBI. It is not clear why these girls were transferred out, particularly when the Report given by TISS became known to the State Government some time in May, 2018.
3. The transfer seems to suggest that the Social Welfare Department of the Government of Bihar was aware of certain unsavoury activities in the Shelter Home and that may have been the reason for transfer of the victim girls.
4. The CBI should seize the record of the Social Welfare Department in this regard and carry out the investigation.
5. We would also require the State of Bihar to file the affidavit indicating the circumstances necessitating the transfer of some girls out of the Shelter Home by the Social Welfare Department.
6. We are mentioning all these facts since it appears that the entire sequence of events concerning the Shelter Home is of an extremely serious nature and requires great indepth scrutiny, which we expect the CBI to conduct.
7. Learned Attorney General says that the CBI will file a status report within four weeks from today. The report should be filed in a sealed cover and should have the approval of the concerned Additional Director.
8. It is submitted by learned amicus curiae and learned Special Public Prosecutor joins in requesting that since NIMHANS is assisting CBI in the issue of revelations of the girl victims, they may be permitted to complete the task by the first week of October, 2018.
9. We request the other agencies, i.e., TISS, NGO Enfold and any other NGO associated in this regard, for the time being, to permit the CBI and NIMHANS to work on the psycho-social issues and cons
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